K-1 Fiance Visa

What's the difference between immigrant and non-immigrant "intent"? The type of visa is determined by the purpose of the travel to the United States. Immigrant Visa An immigrant visa is for someone that intends to immigrate to the US or permanently live in the United States. Most immigrant visas have a path to citizenship after a number […]

In a disturbing memo issued by USCIS (PM-602-0163) on July 13, 2018, we were made aware of a new policy which will make it much easier for the Trump Administration to issue denials for legal immigration cases across the board (with the exception of DACA), including fiance visas, spousal visas, green card applications and more.

“Once the USCIS and NVC approves the case, and the case is mailed out to the beneficiary’s local embassy for interview, should the interviewer still look at adjusted gross income or gross income?”

For the fiance visa, absolutely. Because they don’t even look at income until the embassy.

“I’ve read they passed a bill on where they go into your social media after interview, which would prolong the process, and that’ll effect a lot of K-1 Visas and my fiance is from the Philippines.”

The government has always had that authority to investigate pretty much anything.

“My girlfriend lives in Columbia, and she has a fiancee visa. Does she need to buy a ticket one-way or round trip?”

We actually receive that question quite often. If they do in fact have the fiancee visa, they’ll only need a one-way ticket because they are coming to migrate to the United States and then apply for a lawful permanent resident status (a green card).

New standards are being rolled out that are designed to basically make it harder to immigrate to the US. The process to immigrate has always included a quite extensive vetting process, but these new measures are likely going to make it even harder.

“What’s the process for getting my Indian fiancee to the United States?”

If you intend to bring your Indian fiance to the US to marry her, that would be the K1 fiance visa. To qualify, the petitioner must be a U.S. citizen, and you both must be legally free to marry – That means previous marriages, if any, have been terminated by death, divorce or annulment.

“What would you consider an international marriage broker? I met my fiancee through a dating website.”

It seems like nowadays they’re presuming every dating site is a marriage broker, unless you give them the terms of service or proof that they’re not.

“What if I married somebody different than the person who petitioned me for a K1 visa?”

This is not an entirely uncommon situation. In fact, we see this several times a year. Somebody will come here on a fiancee visa and for whatever reason, they don’t get married to that person who petitioned them. Ideally you’re supposed to get married within 90 days or leave.

“Do Social Security Disability payments count towards the income requirement when bringing my fiance or spouse to the USA?” Income is income. Regardless of the source of the income, you can still count it and still use it. You must provide proof and evidence of income.